Cape Elizabeth, ME asked in Employment Law and Employment Discrimination for Maine

Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two colleagues and we were yelling at one another, and I was the only one written up for that, when we were all engaging in the same shouting match. I did not threaten anyone. My boss talked to me about how I "wasn't my usual self" and I explained my concern about my father's situation. He told me to take some time off, explaining he would help me but a few days after I went on leave he wrote up a formal reprimand which he wanted me to sign. I did not agree with it so did not sign it. I thought it wasn't placed in my personnel file but learned recently that it had. I have not received a significant bump in pay that he had promised me and I believe it is in retaliation for my not signing the reprimand.

1 Lawyer Answer

A: Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.